Loading...
HomeMy WebLinkAboutMinutes_Miscellaneous_06/05/1995_Public Safety Committee c ;� '��; VILLAGE OF TEQUESTA , Post Office Boz 3273 • 357 Tequesta Drive �' Tequesta, Florida 33469-0273 • (407) 575-6200 a- 3 � Fa�c: (407) 575-6203 3. - o A 4 f, �H COUN� VILLAGE OF TEQUESTA PUBLIC SAFETY COMMITTEE MEETING MINUT�S �UNE 5, 1995 I. CALL TO ORDER AND ROLL CALL The Tequesta Public Safety Committee held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, June 5, 1995. The meeting was called to order at 9:00 A.M. by Chairman Joseph Capretta. A roll call was taken by Betty Laur, the Recording Secretary. In attendance were: Chair Joseph Capretta, and Co-Chair Carl C. Hansen. Village Staff present were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA Co-Chair Hansen requested the addition of the following items: Police and Fire personnel certifications; Successfulness of Police on Bicycles; Update of Village Police Department Hurricane Plan. The Agenda was approved as amended. III. STATUS REPORT REGARDING ACTIONS ASSOCIATED WITH "LANTANA PLAN CODE ENFORCEMENT ENHANCEMENT EFFORTS (A) Alternative Code Enforcement Procedures (Use of Citations) (B) Use of Special Master (C) Ordinance Regarding Property Appearance (D) Chamber of Commerce Involvement Kecycled Pnper Public Safety Committee Meeting Minutes June 5, 1995 . Page 2 ----------------------- Village Manager Bradford explained that Code Enforcement Officer Davis had indicated a desire to use citations and a Special Master. Chairman Capretta discussed possible alternative procedures that could be used in implementing the Lantana Plan, suggested that a checklist be prepared of items that would need decisions, discussed education of the public, who would not understand the Village making an investment when revenue was going down and costs rising, and discussed when additional requirements via new ordinances should be instituted. Code Enforcement Officer Davis explained that he had addressed Code Enforcement with five homeowners associations and was in the process of ineeting with others, however, the people who did not attend those meetings were the ones who would be against the plan. Councilmember Hansen expressed support for the concept of the Lantana Plan, and stated he would like to hear from Homeowners Associations to learn whether they agreed. It was estimated that approximately 60% of the Village was covered by Homeowners Associations, and the idea of urging establishment of more such associations was discussed. Village Manaqer Bradford stated that the intent had been that once ordinances regarding paint, colors, etc. had been drafted and reviewed by the committee that Officer Davis would meet with Homeowners Associations to review those ordinances and ask for their input, and that the Committee had the ability to give Officer Davis more flexibility to deal with problems. Code Enforcement Officer Davis reported that he had worked with Village Attorney Biagiotti to establish three draft ordinances on items for which no ordinances currently existed, and had attended training classes as well as Code Enforcement Board meetings in other municipalities to learn of their enforcement problems. Officer Davis explained that the ordinances contained standards that all landscaping must be living, and that peeling paint or deterioration of buildings must be able to be seen frorn the roadway. in regard to landscaping, Chairman Capretta stated that would be consistent with Ordinance 377 which required businesses to upgrade landscaping. The length of time to come into compliance was discussed. Councilmember Hansen commented that six months should be sufficient. Wade Griest stated that he had studied the Lantana Plan and believed it to be Public Safety Gommittee Meeting Minutes June 5, 1995 Page 3 ----------------------- excellent, although some changes would need to �e made that did not apply to Tequesta. Mr. Griest urged that first people be informed what the plan was and recommended the area where he lived as the first target area in the Village. Mr. Griest commented that the job was too great for one man to educate the residents and to find out why each homeowner did not keep up their property. Chairman Capretta discussed a case which had been pursued by the Village which he felt had been a mistake since the effort and expense expended could have been better spent in cleaning up other properties, and stated that once the legal path was chosen that the process could not be stopped. Officer Davis agreed, and explained that more time would be necessary to � bring some parties into compliance without proceeding to legal measures; and asked for direction on how the Village desired him to proceed since he could not work with residents to bring them into compliance and at the same time issue citations, and needed to work consistently. Chairman Capretta stated he wanted the emphasis changed from confrontational to working with residents to improve the appearance of the Village. Officer Davis explained that the Chamber of Commerce had not been enthusiastic about becoming involved in the Lantana Plan since they had been contacted by businesses asking for their help in interceding with the Village regarding Ordinance 377, and they did not want to become involved in a possible political situation. Officer Davis had provided them with a copy of the Plan and was waiting for their decision. Officer Davis explained that cases appearing before the Code Enforcement Board were holdovers from the previous Code Enforcement Officer and that if he were allowed to spend sufficient time to bring cases into compliance he did not believe there would be many cases that would go as far as to have to be taken before the Board. Officer Davis explained the time required by law that had to be given before bringing cases before the Code Enforcement Board and stated his preference for alternative code enforcement procedures. After a discussion of the term "peeling paint" and how paint colors had been addressed, Officer Davis stated that he was pleased with the draft ordinances and explained that they had been kept general in a way that could be fairly enforced. Discussion ensued of how many colors would be allowed on a house; Officer Davis was instructed to contact Attorney Biagiotti for clarification. Chairman Capretta stated that a decision must be made whether to have the ordinances written to take care of the few hard cases; Co- Public Safety Committee �eeting Minutes June 5, 1995 Page 4 ----------------------- Chair Hansen stated that the purpose was to improve the Village, not to concentrate on the few who would not comply. Officer Davis stated that his approach was working since compliance was obtained in 99% of the cases. Declining property values were discussed. In discussing alternative Code Enforcement procedures, Officer Davis explained that the Code Enforcement Board meetings took a lot of preparation time, which could be eliminated by the ability to issue citations. However, citations would not be issued in cases until absolutely necessary. Police Chief Roderick explained that in order to bring a case before the Code Enforcement Board that a meeting must first be called to explain why that case would be brought before the Board at their next meeting, which took an additional 30 days before a case could be heard. Chief Roderick explained that fines assessed soon accumulated to amounts the people could not afford to pay and therefore were not working. The citation method would involve a warning with sufficient time to correct the problem. Chairman Capretta questioned what appeal process would be used if there were no Code Enforcement Board; Officer Davis responded that appeal would be directly to the Circuit Court instead of f irst going to the Code Enforcement Board as an interim step, and that if a Special Master were used that he would be the interim step. Chairman Capretta asked what would be done regarding the 2-3� who did not comply; Officer Davis responded that they would also appeal to the County Court. Village Manager Bradford expressed concern about the judges, however, Officer Davis explained that only a few people would be appearing before a judge and that after a few appearances by the same party the judge would realize he must take care of the problem so that Officer Davis would not keep bringing the case back. Officer Davis explained that under the citation system that a special master could be included or not; Chairman Capretta recommended that the Village Council discuss the process of whether to eliminate the Code Enforcement Board and if so, whether the citation process would include special masters. Village Manager Bradford questioned whether the Code Enforcement Board could be eliminated or whether it would be needed to appeal decisions of the special masters, and Officer Davis responded he would consult the Villaqe Attorney. Village Manager Bradford summarized the prior discussions: Chamber of Commerce participation was not necessary since Public Safety Committee Meeting Minutes June 5, 1995 Page 5 ----------------------- problem cases could be handled by the Villaqe; the Committee would recommend adoption of the property appearance ordinances to the Village Council; if ordinances were approved Officer Davis would distribute the ordinances and attend Homeowners Association meetings to obtain feedback; after feedback was obtained, Officer Davis would advise this Committee; further research was needed regarding the appeal process since Chief Roderick favored only citations with no special masters and Chairman Capre'tta favored using special masters unless the Code Enforcement Board would still be required. Village Manager Bradford responded to Chairman Capretta that after the next Village Council meeting he would respond to the Chamber of Commerce regarding Ordinance 377. The Village Manager explained that apparently through an error Beach Road residents had not been notified of Ordinance 377 when it was adopted; that the Village Attorney was working on whether additional time could be given to smaller properties while continuing to pursue large parcels such as shopping centers, however because of the small staff that time would automatically be given to properties that were handled later. Chairman Capretta stated he did not favor blanket deviations, exceptions or extensions, and questioned why time extensions should be granted to someone who did not intend to comply. Chairman Capretta suggested withholding or delaying building permits to parties who had not complied. Officer Davis stated that a good response had been received, and that the Village was looking for an attempt by businesses to comply and preferred to get compliance without bringing cases before the Code Enforcement Board. Village Manager Bradford stated his records indicated response by only 20-30 businesses. Co- Chair Hansen commented that the poor landscaping at County Line Plaza was at least partially due to a poor drainage system which allowed runoff from the parking lot into the landscaped areas. IV . UPDATE ON U. S. DEPARTMENT OF JUSTICE COPS FAST GRANT PROGRAM AND TEQUESTA BUDGETARY IMPACT UPON PARTICIPATING IN THE SAME. CARL R. RODERICK, CHIEF OF POLICE. Police Chief Roderick explained the Cops Fast Grant Program which would allow the Village to hire an additional police officer to become involved in community policing programs which replace another person to oversee the specialized programs rather than hiring officers to only work special Public Safety Committee Meeting Minutes June 5, 1995 Page 6 ----------------------- programs. The hearing for the Village's application was scheduled for July. The qrant would pay 2/3 of the officer's salary and total benefits the first year of employment, the second year the difference would be split, 1/3 the third year, and the fourth year Tequesta would pay the entire salary and benefits. Chief Roderick stated he favored participation in the program if the Village could get the grant. Village Manager Bradford explained that he was in favor of the program but the problem was that it would not put any more officers on the road or in real police work, and participation would increase the tax increase necessary to meet the budget. Discussion ensued that the public must be educated that funds must be expended even though the budget must be increased in order to do it, in order to keep the Village from decline. Assistant Police Chief Allison stated that the Village must start a juvenile first offender program. Chairman Capretta suggested that a "dog and pony show" be prepared for the Village Councilmembers to sell to the residents. Co-Chair Hansen stated that the country was becoming individually rich but collectively poor, and that better roads, better school systems, better police and fire protection, and safe living conditions were needed to be collectively stronger, which would require payment of taxes. Discussion of calls requesting donations ensued. Village Manager Bradford pointed out that from donations made to the Police Benevolent Association nothing went to the Village Police Department. Village Manager Bradford explained that the budget would have to include the $10,000 needed to participate in the grant program but the grant approval would not be made until after the budget had to be final,ized. The Village Manager recommended that if the grant were not approved that the Village not proceed with hiring the proposed officer. Chairman Capretta recommended that in budget discussions each item should be discussed which would require a tax increase and the reasons given for its necessity. V. REVIEW OF REQUESTED CRIME TREND ANALYSIS REPORT. CARL R. RODERICR, CHIEF OF POLICE. Chief Roderick explained that the report was self- explanatory and that there was no crime trend, only increased accidents in season when more people were in the area. During discussion of Island Way bridge, Village Manager reported he had been informed that as soon as it was completed that the little bridge was to be repaired, so that Public Safety Committee . Meeting Minutes June 5, 1995 Page 7 the time the road would be closed would be extended. Co- Chair Hansen commended Chief Roderick on the report, and hoped that such information would continue to be collected. Village Manager Bradford stated that the process was established, explained that the police department computer system was due to be upgraded, and stated he believed he now had the information reqarding traffic decline on Island Way since the bridge had closed. VI. REVIEW OF TRAFFIC REPORT FOR COUNTRY CLUB DRIVE AND RECO�+IIKENDATION FOR VILLAGE PURCHASE OF NU-METRICS NC30X COUNT CARD. STEPHEN ALLISON, ASSISTANT CHIEF OF POLICE. Assistant Police Chief Allison verified that the information collected by the traffic count cards could be plugged into the police department's present computer system, and that the cards would need to be placed in strategic areas to prevent teenagers from moving them. After discussion, it was decided that four cards needed to be purchased to meet the needs of the Village instead of two. Assistant Chief Allison explained that software was included with the cards. VII. CONSIDERATION OF SERVICE CHARGE AMENDMENTS IN POLICE AND FIRE-RESCUE DEPARTMENTS. Village Manager Bradford discussed the need for all possible non-ad valorem fees possible to reduce the coming tax increase. Chief Roderick stated rie did not believe the department was recovering the cost of incidental expenses, especially when an officer had to be called in off the road to handle fingerprinting, for example. Police Chief Roderick stated that the only item requiring change was animal impounding, which he suggested should be raised to $25. Village Manager Bradford explained that as far as big- ticket items, the manner in which t�e Fire-Rescue did business could be changed; and that charging for calls to the Fire Department was becoming more prevalent throughout the country, and was a provision of many homeowner insurance policies. Fire Chief Weinand expressed concern that some people might not call if they knew they would be charged, which could result in loss of life. Village Manager Bradford suggested that thought be given to alternatives and to going into the ambulance business to offset taxes. Discussion of the county system ensued. Chief Weinand suggested consultation fees to review codes for developers. Chairman Capretta suggested that the police department could ; charge for security inspections, which could be made Public Safety Committee Meeting Minutes June 5, 1995 Page 8 ----------------------- mandatory, in the same way that the fire department currently charged for fire safety inspections. Co-Chair Hansen suggested that the police department sell subscriptions for business protection which might i:nclude fou� inspections per year and extra car patrols. Police Chief Roderick stated that the Village would have to be prepared for the consequences if that business was broken into. Village Manager Bradford suggested that if security inspections were predicated on code that the Village might have a legal basis to charge for them. Chief Roderick suggested that an extra fee could be attached to occupational licenses for a security check to be made before an occupational license could be obtained. Fire Chief Weinand pointed out that a fee might be charged for the currently free fire inspections at multi-family residential properties which took much longer than residence. inspections; and that he believed residence inspections should remain free except in the permitting process of new homes. Fire Chief Weinand suggested another possibility for fees which would be to charge for EMS, and could be done by fee per call or by subscription fees. Village Manager Bradford requested that the Police Department look into security inspection fees, as well as possible annual inspections, and report to the Committee how much money could be made. VTII. CONSIDERATION OF REVISED MUTUAL AID AGREEMENT WITH MARTIN COUNTY FOR FIRE RESCUE SERVICES. JAMES M. WEINAND, FIRE CHIEF. Chief Weinand explained that only a few changes were requested in the agreement to conform to the way operations were actually conducted, and stated that the Village received a tremendous insurance advantage from participation in the agreement. Co-Chair Hansen questioned whether this agreement would be more beneficial to Martin County because of their growth, than to Tequesta, which was not growing. Chief Weinand explained that although the response ratio was ten to one that the ISO set insurance rates for each community by scrutinizing the Fire Department and water plant, and based upon data collected they assigned each town a rate, which homeowner insurance rates were based upon, and which was the advantage of the agreement to Tequ`esta. Chi.ef Weinand stated that if the ratio became too excessive that the process could then be changed. Public Safety Committee Meeting Minutes June 5, 1995 Page 9 ----------------------- IX. CONSIDERATION OF SETTLEMENT OFFER IN THE MATTER OF TEQUESTA VERSUS JOSEPH LADUCA, ET AL. Villaqe Manager Bradford reported that because of the homestead exemption on Mr. Laduca's property that total � foreclosure was a problem, and that judges in Palm Beach County were advising that such types of cases be worked out. The Villaqe Manaqer stated that costs to date were calculated to be less than $2,000 and that a settlement offer was made to Mr. Laduca for payment of $10,000 and a 3-year signed contract with a landscape company and with a pool company. Mr. Laduca countered with a proposal to pay $2,500 immediately and requested Tequesta to subordinate their liens in favor of any new mortqage lender in the event that Mr. Laduca refinanced or sold his home. Village Manager Bradford proposed that the Village offer to take $5,000 immediately and accept a three-year contract with a landscaping company and a pool company that were signed and paid for up front by Mr. Laduca. Officer Davis submitted phatographs taken before today's meeting which showed that the Laduca property was still not in compliance and reported the gate to the pool was unlocked and the lock was gone . Village Manager Bradford commented if the Village did not do anything that this case would continue to cost the Village money. The public safety hazard of the pool and gate were discussed, and Officer Davis was instructed to secure the gate immediately and to check with the pool company, Almar- Jackson, to see if they had possibly left the gate unlocked. Mr. Griest commented that Mr. Laduca had been duping the Village for the past 3-4 years, and he believed that no action would be too severe. Village Manager Bradford suggested he confer further with the attorney regarding making the agreement more specific. After further discussion, Chairman Capretta stated he disagreed with making an agreement, since the Village would lose the lien and the next time he was out of compliance the Village would be back where they started and not have anything. Officer Davis left the meeting at 11:50 A.M. X. ANY OTHER MATTERS Co-Chair Hansen requested information regarding the fire and police qualifications. Chief Roderick outlined the certification process and qualifications. Co-Chair Hansen asked whether the process was kept up to date. Chief Roderick explained that it would be nice to have more people Public Safety Committee Meeting Minutes June 5, 1995 . Page 10 ----------------------- certified in specialized areas but the lack of manpower prohibited sending people off to attend school. Chairman Capretta explained that one problem of obtaining qualified replacements when someone quit had been solved by establishing the Auxiliary Police and Fire programs, so that they were trained, worked part time, and were available for emergencies and as possible replacements for full-time position vacancies. Co-Chair Hansen questioned whether enough manpower was available with proper training in the event of a major catastrophe. Village Manager Bradford explained that mutual aid agreements would allow other municipalities to assist in that type of situation. Discussion ensued whether Tequesta should have a police boat; Chairman Capretta explained that had been discussed in the past, a boat had been volunteered and a cost plan set up, but it had never been done partly because of the cost, and Chief Roderick explained that Tequesta only had jurisdiction for 300 feet on the intracoastal and a small part of the river. Co-Chair Hansen questioned whether Tequesta had a negative responsibility; Chief Roderick explained that the Marine Patrol, Sheriff's Patrol, and Jupiter's Patrol could be called upon for any problem. Chief Roderick responded to Co-Chair Hansen's question regarding hurricane preparedness that the plan was upgraded each year to establish shelters and evacuation routes and that had been done for this year. Village Manager Bradford urged everyone to leave in the event of a hurricane because of the storm surge, and explain�d that was not the same as normal flooding. Fire Chief Weinand informed the Committee that Tiger Shark had donated a 3-person wave runner including maintenance and upkeep to the Village to be used for water rescues. Chairman Capretta reported a recent letter written by Mrs. Norton of Lighthouse Gallery proposed getting rid of six boardmembers, and had stated the Gallery was working with the Village of Tequesta to get more facilities. IX. COMMUNICATIONS FROM CITIZENS Wade Griest questioned Fire Chief Weinand as to the Village's current insurance rating. Chief Weinand responded that currently the Village was under the County rating of 4, but after 3 years experience could have their own rating which he hoped would be 3. Mr. Griest stated that he attended all the Village meetings and that his purpose in Public Safety Committee Meeting Minutes June 5, 1995 Page 11 ----------------------- speaking had always been for the good of the citizens of the Village. Mr. Griest commented that three years ago the Laduca, Siegel, and Walters properties were all cited for violations and that communication existed between the three to the effect that they did not need to worry about Tequesta's codes. Mr. Griest explained that a chain reaction occurred when one person violated code, as in the case of Mr. Little who had parked on Mr. Vorpagel's property for years, so that someone else would believe that they also could park a recreational vehicle in their yard. Mr. Griest commented that he had installed a fence according to code and then attended a Board of Adjustment meeting where another fence was allowed a variance. Village Manager Bradford commented that with the future growth in traffic that the Village would probably make certain types of walls acceptable. XII. ADJOURNMENT There being no further business before the Committee, the meeting was adjourned at 12:15 P.M. � Respectfully submitted, �:`•' �"� :�� �'`�� ,� _`� :: � � � :- ��� � t r��-( � ��- �,< _ - ' ..� q � ; .� f e f � - Betty Laur Recording Secretary ' ``�`��'�` ATTEST: J ann Mangani llo Village Clerk DATE APPROVED: � � 5�